The UN Genocide Convention

A Commentary

Edited by Paola Gaeta

Description

The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity.

The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalise and punish genocide.

This book is a much-needed Commentary on the Genocide Convention. It analyses and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux préparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.

The UN Genocide Convention

A Commentary

Edited by Paola Gaeta

Table of Contents

Part I - Introduction 1: The Road to the Genocide Convention and Beyond, Yuval Shany 2: The Obligation to Prevent and to Punish Genocide, Orna Ben Naftali 3: The Implementation of the Genocide Convention at the National Level, Ben SaulPart II - The Definition of Genocide 4: The Definition and the Elements of the Crime of Genocide, Florian Jessberger 5: The Notion of 'Protected Groups' in the Genocide Convention and Its Application, Fanny Martin 6: Is Genocidal Policy a Requirement for the Crime of Genocide?, Antonio CassesePart III - Individual Criminal Responsibility for Genocide 7: Perpetrators and Co-perpetrators of Genocide (Art. 3 ), Alexander Zahar 8: Complicity to Commit Genocide, Elies van Sliedregt 9: Attempt to Commit Genocide, Jens David Ohlin 10: Incitement and Conspiracy to Commit Genocide, Jens David OhlinPart IV - The Repression of the Crime of Genocide 11: National Criminal Jurisdiction over Genocide, Vanessa Thalmann 12: International Criminal Jurisdiction over Genocide, Salvatore Zappalà 13: The Extradition of Génocidaires, Robert Roth 14: Immunities and Genocide, Paola Gaeta 15: The Defence of Alleged Genocidaires, Judge Howard Morrison QCPart V - Accountability of States for Genocide 16: State Responsibility for Genocide under the Genocide Convention, Anja Seibert-Fohr 17: State Responsibility for Conspiracy, Incitement and Attempt To Commit Genocide, Jens Ohlin 18: State Responsibility for Complicity in Genocide, Paolo PalchettiPart VI - Enforcing the Convention Through the United Nations 19: The Role of the United Nations in Preventing and Suppressing Genocide, Giorgio Gaja 20: The Compromissory Clause of the Convention, Robert Kolb 21: The Scope Ratione Personae of the Compulsory Jurisdiction of the ICJ, Robert Kolb and Sandra Krähenmann 22: The Scope Ratione Materiae of the Compulsory Jurisdiction of the ICJ, Robert KolbPart VII - The Mechanics of the Convention 23: Territorial Application of the Genocide Convention and State Succession, Marko Milanovic 24: Operative Provisions of the Genocide Convention, Katherine Del MarPart VIII - The Convention in the Twenty-First Century 25: Prosecuting Denials of Past Alleged Genocides, Christian Tomuschat 26: Taking Stock of the Genocide Convention and Looking Ahead, Antonio Cassese Appendix: Convention on the Prevention and Punishment of the Crime of Genocide

The UN Genocide Convention

A Commentary

Edited by Paola Gaeta

Author Information

Edited by Paola Gaeta, Professor of International Criminal Law, University of Geneva and University of Florence

Paola Gaeta is a Professor of International Criminal Law at Florence University. Since September 2007 she is also a Professor of International Criminal Law at the Law Faculty of the University of Geneva and Director of the LL.M. Programme of the Geneva Academy of International Humanitarian Law and Human Rights. She is a member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include La giustizia cautelare nel diritto internazionale (Interim measures taken by International courts and tribunals) (2000) and The Statute of the International Criminal Court: A Commentary (co-edited with A Cassese and JRWD Jones, 2001). She has also published numerous articles on public international law, international humanitarian law and international criminal law.

The UN Genocide Convention

A Commentary

Edited by Paola Gaeta

Reviews and Awards

"...superbly edited and written, offering a comprehensive, between two covers, commentary on the convention and its drawbacks as written...No public library, private collection, or international decision-maker's legal resources would be complete without this comprehensive, but succinct, guidebook on both the historical and contemporary themes which drive the letter and spirit of the UN's Genocide Convention." - ASIL